Plea Bargaining Essay

Plea bargaining is a controversial aspect in the criminal justice system. It can be both beneficial, and detrimental to any court case. A plea bargain is the flexible form of justice that refers to the negotiation of charges between the defence and the prosecution. A plea bargain serves the main purpose of getting the accused to plead guilty to an offence and eliminates the need for a costly criminal trial.

At the heart of a plea bargain is a ‘deal’- a deal where the prosecutor agrees to drop a charge if the accused pleads guilty to something else. The objective is to secure a guilty plea and a quick resolution to avoid a lengthy, costly trial in cases where the facts are not disputed- or when one side (defence or prosecution) might have a weaker case and are worried about the outcome.

An accused must enter a plea of either guilty or not guilty in relation to the charges they are facing. An early guilty plea usually eliminates the need for a trial and in a lot of cases come about after a plea bargain between the defence and prosecution. When the offender pleads guilty they receive a sentencing discount, which, except in cases that demand a life sentence, results in a sentence discount of between 10% and 25%. These discounts introduced in 2005 go a long way to cutting the cost of criminal trials.

When an offender who was originally charged with murder is allowed to plead guilty to manslaughter, securing a lesser sentence, the community can react angrily. They may believe that the offender is getting a minimal sentence that is not worthy of the crime that was committed. This is especially evident in the case DPP v. Loveridge (2013). In June 2013, the NSW DPP dropped a murder charge against 19-year-old Kieran Loveridge after he agreed to plead guilty to the lesser crime of manslaughter.…...

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A Review of the Literature: Plea Bargaining and Ethics in the Criminal Justice System |
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Plea bargaining is a significant portion of today’s criminal justice system. As Chief Justice Burger stated, “The disposition of criminal charges by agreement between the prosecutor and the accused, sometimes loosely called ‘plea bargaining,’ is an essential component of the administration of justice. Properly administered, it is to be encouraged” (Santobello v. New York, 1971). The practice of plea bargaining has generated thoughtful ethical debate with effective arguments on both sides. Prior to offering an opinion, an understanding and comparison of the points of view regarding its use along with the purpose, types, and effects of plea bargaining must take place. A plea bargain is a criminal case pact wherein one side offers sentence prearrangement to the other in return for a guilty plea (Bikel, 2004). This permits those who have been suspected of serious criminal acts the opportunity to considerably lessen the charges and escape a more severe penalty. The prosecuting attorney will usually bargain this, or the initial charge will endure with a recommendation for a lighter punishment. With these forms of inducements, the courts save time and money swiftly and efficiently (Feješ, 2012).
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serious charge. For example, a criminal defendant charged with a felony theft charge
could possible be convicted, which would carry a prison sentence. A prosecutor may offer
the opportunity to plead guilty to a misdemeanor theft charge, which may not carry jail
time. In cases such as an automobile accident when there is a potential for civil liability
against the defendant, the defendant may agree to plead no contest or "guilty with a civil
reservation." This is basically a guilty plea without admitting civil liability. Plea
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a good deal for their present client, and maintaining a good relationship with the
prosecutor, for the sake of helping future clients.
Exculpatory evidence is evidence that is favorable to the defendant in a criminal trial,
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Introduction to Criminal Court Systems
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In this paper, I will attempt to define and discuss plea bargaining, distinguish between charge bargaining and sentence bargaining, compare and contrast the advantages and disadvantages of plea bargaining, and last but not least describe how plea bargaining reflects or thwarts the crime control and due process models of criminal justice.
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Plea bargaining is essential in our courts for the simple reason that it allows for fewer cases going to trial. Approximately 90-95 of all cases are plea bargained. If not for plea bargaining our courts would always be tied up and the time a case could go to trial would take a very long time. Plea bargaining is just one part of our lengthy legal process, but it helps our courts out.
Plea Bargaining
A plea bargain is a negotiated agreement between a criminal defendant and a prosecutor in which the defendant agrees “guilty” or “no contest” to some crimes, along with possible conditions, such as attending Alcohol Anomalous classes in return for a reduction in the severity of the chargers, dismissal of some of the chargers, or some other type of benefit to the defendant (“Plea Bargaining Law and Legal Definitions”, 2015). The defendant must hold their end of the deal that was agreed upon such as pleading guilty on a specific date, and cooperating in the investigation of another offence or testifying against a co-defendant or the plea bargain may be revoked.
Charge Bargaining and Sentence Bargaining
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Plea Bargaining Paper
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Plea bargaining utilized as a part of the criminal equity framework, yet at times applauded. A plea agreement is troublesome because they are not exactly a triumph for all included. Prosecutors are reluctant to offer conceded crooks lighter sentences than those approved by law. Summarily, most criminal litigants are not exactly energetic over the possibility of transparently acknowledging criminal conduct without the advantage of a trial. Regardless of the reservations of the gatherings, plea agreement resolves about the vast majority of criminal cases. The sheer numbers have brought on numerous lawful onlookers to scrutinize the legitimacy of wild plea bargaining.
Define plea bargaining.
Plea bargaining is an alteration of a criminal indictment used in the exchange for a guilty plea. Plea bargaining is an agreement made between a defendant and the prosecutor. This agreement can end a criminal case without going to trial. Relatively speaking, this agreement means a defendant agree with the charges and pleads guilty after a prosecutor decides to reject some charges or present a more idealistic prison sentencing.
Distinguish between charge bargaining and sentence bargaining.
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Plea Bargaining Paper
Introduction
In my paper I will explain what plea bargaining is and why we have it. I will also explain why plea bargaining is important in the judicial system. So ask yourself, “What value or role does plea bargaining play in our judicial system?” Guilty is guilty, thus sentencing should be rather uniform in nature, shouldn't it? The complexities of law and illegal activities make plea bargaining a controversial though legally acceptable practice in the American legal system.
Body
Discuss the controversial practice of plea bargaining in the American judicial system. Should the nature of the crime affect the defendant's opportunity to plea bargain?
I am going to discuss first what plea bargaining is and how it works. Government prosecutors, acting on behalf of the public, choose whether and how to pursue a case against criminal defendants who may have violated the law. In some cases, they may decide to offer a plea bargain, an arrangement in which a defendant agrees to plead guilty to a lesser offense than he or she was charged with, to avoid having to face trial for a more serious offense and a lengthier sentence. (Magleby 346)
Magleby, David B., Paul Light, Christine Nemacheck....